- 8 - advance deposit to respondent. Prior to the $31,000 remittance, petitioner had not filed an estimated return or made estimated payments of his Federal tax. More significantly, petitioner did not file a declaration of estimated Federal individual income tax pursuant to the requirements of section 6015.6 A review of the section 6015 requirements in effect at the time of the $31,000 payment reveals that petitioner was not required to file a declaration of estimated tax. At the time he made the $31,000 remittance, the only income earned or that petitioner expected to earn during 1980 was subject to withholding. Although of less significance, we note that petitioner attempted to make the remittance (deposit) without the aid of a tax professional. Under these circumstances, his explanation of the use of the notation "1st Est 1980" is more plausible. We are also cognizant of the conditions under which petitioner decided to make the remittance. The use of cocaine, the influences of his divorce proceeding, his illegal activities, and his knowledge that he was becoming less rational due to drug use support petitioner’s position of a generalized advance tax deposit as opposed to a payment or estimated payment for a specific year. In the same vein, petitioner was already engaged in a pattern of failing to file returns. It would be difficult to find the 6 Sec. 6015 contained the monetary thresholds and the procedural requirements for filing a declaration of estimated income tax by an individual. It was in effect for the taxable year under consideration, but was repealed for the taxable years after calendar year 1984. Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 412(a)(1), 98 Stat. 792.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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